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Home My WebLink AboutPZAB (10651) ResolutionCity of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 www.miamigov.com Enactment Number: PZAB-R-21-047 File ID: 10651 Final Action Date: 11/3/2021 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114 ("MIAMI 21 CODE"), THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE CLARIFICATION AND ADDITIONAL STANDARDS REGARDING OUTDOOR DINING AND OPEN AIR RETAIL; ALLOWING OUTDOOR DINING BY RIGHT IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning Ordinance of the City of Miami ("Miami 21 Code"); and WHEREAS, Article 6 of the Miami 21 Code currently provides that Outdoor Dining is permitted by Warrant; and WHEREAS, the Miami 21 Code does not provide any additional standards regarding Outdoor Dining; and WHEREAS, it is necessary to modify the Supplemental Regulations in Article 6 of the Miami 21 Code to establish additional guidance and standards for Outdoor Dining; and WHEREAS, it is appropriate to allow Outdoor Dining By Right in certain circumstances with certain standards rather than by process of Warrant; and WHEREAS, consideration has been given to the relationship of the proposed text amendment to the goals, objectives, and policies of the Miami Neighborhood Comprehensive Plan, the Miami 21 Code, and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on November 3, 2021, and after consideration of the item, adopted a motion to approve the proposed amendments to Miami 21, that resulted in a unanimous vote of seven to zero (7 to 0); and City of Miami Page 1 of 6 File ID: 10651 (Revision:) Printed On: 1212212021 WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), after careful consideration of this matter, deems it in the best interest of the general welfare of the City and its residents to amend the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The PZAB recommends approval to the Miami City Commission of an amendment to Article 6 of the Miami 21 Code in the following particulars:' "ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.3 COMMERCIAL USES "6.3.2. Vending Carts in Open Air Retail and Outdoor Dining ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted an unchanged material. City of Miami Page 2 of 6 File ID: 10651 (Revision:) Printed On: 12(2212021 -Geed feur (4) square feet Op area; apd- thearea ishall h-L-Q Ap- m.p-R-Q. thaR 2 SigRs Pef 6.3.2.1 Open Air Retail Where permitted per Article 4, Table 3 and per conditions in Article 6, Table 13, Open Air Retail uses within open space, or partially open space including Plazas, Courtyards, Pedestrian Passages, and Roof Terraces may not count towards Floor Area and Floor Lot Ratio calculations if the retail elements, such as vending carts, kiosks, Retail Merchandising Units, or any other structures or furnishings, have wheels or are completely removable within 24 hours. 6.3.2.2 Outdoor Dining City of Miami Page 3 of 6 File ID: 10651 (Revision:) Printed On: 12(2212021 Outdoor Dining may be allowed on private property within open space, or partially open space including Plazas, Courtyards, Pedestrian Passages, and Roof Terraces only when associated with a Food Service or Alcohol Service Establishment, as provided for in this Section. All tables, seating, furnishings, and other such associated material must be completely removable within 24 hours. Outdoor Dining areas that contain up to fifty percent (50%) of the overall establishment's seating capacity, may not count towards Floor Area and Floor Lot Ratio calculations. Outdoor Dining areas containing seating in an amount greater than fifty percent (50%) of the overall establishment's seating capacity, shall be counted toward Floor Area and Floor Lot Ratios and require parking per this Code. Outdoor Dining is subject to all other provisions of City ordinances including but not limited to noise regulations per Chapter 36, alcohol regulations per Chapter 4, and Certificate of Use regulations per Chapter 2 of the City Code, as amended. A Certificate of Use reflecting the Outdoor Dining use must be obtained. a. Outdoor Dining is permitted, By Right, subject to meeting all the following conditions: 1. The property requesting the Outdoor Dining does not abut T3-R, T3-L, T3-0, T4-R, T5-R, or T6-R parcels pursuant to the Miami 21 Zoning Atlas; 2. The Outdoor Dining is located on a property of no less than five thousand (5,000) square feet of lot area; 3. The Outdoor Dining is located wholly within the private property; 4. The Outdoor Dining area is not between the Building and the Frontage Line; and 5. The Outdoor Dining is not on a property that includes outdoor seating in the Public Right -of -Way (permitted under a separate permit per Article VI of Chapter 54 of the City Code, as amended). b. Outdoor Dining may be permitted by process of Warrant in the event that one or more of the By Right conditions above are not met. 6.3.2.3 Vending Carts Within oxen saace. or Dartiallv oxen saace. disDlav and sale of merchandise or food Droducts allowed to be sold generally within the district, and subject to the restrictions set forth herein, may be permitted by Exception. However, no Warrant or Exception shall be granted allowing existing uses to expand their retail activity or to display their merchandise into existing open or partially open space. All exhibits. disDlays and sales of items from vendina carts shall be subiect to the followina limitations: 1. All such carts shall be located completely within private property, or, on undedicated right-of-way with an approved agreement specifying terms of removal upon required dedication; 2. Prior to the approval of any vending cart, a master site plan shall be submitted for review and approval; said master plan shall specify the locations and approximate footprints of all future carts; City of Miami Page 4 of 6 File ID: 10651 (Revision:) Printed On: 12(2212021 3. The merchandise and method of display shall reflect and complement the existing mix of uses within the district and shall be consistent with the unique physical layout, cultural traditions and historic character of the neighborhood. 4. There shall be no more than 1 (one) cart per each thirty-five (35) linear feet of street frontage except that, within courtyards, there may be more upon compliance with the distance separation requirements specified below; 5. All such carts shall conform with the following distance limitations unless an alternate proposal is justified due to existing established pedestrian patterns or other special site conditions: (a) All carts, whether located within completely enclosed plazas or courtyards, or within linear building frontage setbacks, shall be separated from each other by a minimum of ten (10) feet and from any adjacent permanent structures by a minimum of five (5) feet; (i.e. there shall be a minimum five (5) foot clear radius surrounding all such carts); (b) All carts located within linear building frontage setbacks shall be setback from any adjacent public right-of-way by a minimum of fifteen (15) feet. 6. Total signage shall be limited to eight (8) square feet in area, however no individual sign may exceed four (4) square feet in area and there shall be no more than 2 signs per cart; 7. Lighting shall be limited to task lighting as necessary for the conduct of business; 8. All vending carts shall be limited to a maximum size of forty (40) square feet in area and shall not exceed a maximum height of ten (10) feet; 9. All vending carts shall be securely anchored during business hours, however, they must have wheels in order to enable them to be removed within 24 hours in case of an emergency. Deviations from these standards may be approved by the Planning, Zoning, and Appeals Board pursuant to an Exception Permit upon finding that the requested modifications are justified due to one or more of the following special conditions: 1. Established pedestrian flow patterns, 2. Existing landscape features 3. Governmental action which creates a peculiar configuration on the subject property." Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution is effective immediately. Reviewed and Approved: City of Miami Page 5 of 6 File ID: 10651 (Revision:) Printed On: 12(2212021 �Alv G -Po s AI P, Director, Ve ment o lanning 12/22/2021 i City of Miami Page 6 of 6 File ID: 10651 (Revision:) Printed On: 12(2212021